Please carefully review the following Terms of Service (“Terms”). You must agree to be bound by the Terms to use this site and the services as defined herein.

The services referenced herein are for non-emergencies only. If you are experiencing a medical emergency, call 911 immediately.

General

This website has been developed as a service of Ascend HRT Club, LLC (“The HRT Club”). By accessing and using the website located at www.thehrtclub.com (the “Website”), you agree to be bound by the Terms and Conditions (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that The HRT Club may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Website. If you do not agree to these Terms, do not use the Website. As used in these Terms, “we” includes The HRT Club, its subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Website, the collection, cataloging and/or analysis of data.

License and Access to the Website

As a condition of your use of the Services through the Website, you agree to the following:

All information which you provide through the Website is accurate, complete and correct, and you will accurately maintain and update any of information that you have provided to The HRT Club.

All members are assigned a unique account and password. Regardless of the circumstances, individual passwords must never be shared or revealed to anyone else besides the authorized user. Sharing passwords exposes the authorized user to responsibility for actions the other party takes with the password and is expressly prohibited. Users will be deemed responsible for all activity conducted under their account and password. If a user feels that their password has been compromised, the user should immediately change their password and inform The HRT Club by emailing info@thehrtclub.com. No person under the age of eighteen (18) is authorized to access or use this Website. User access to, and use of, the Website is subject to all applicable federal, state, and local laws and regulations. Use of this Website is void where prohibited. By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms. You must reside in the United States and in a state or territory where the Services are available.

This Website provides information that must not be used as a substitute for the advice of your own physician (“Your Own Physician”). Information available from the Website is not intended to be relied upon for the treatment or diagnosis of any medical condition or disease. ALWAYS CONSULT YOUR OWN PHYSICIAN DIRECTLY CONCERNING ANY HEALTH PROBLEM, MEDICAL CONDITION, OR DISEASE, AND BEFORE TAKING ANY MEDICATION OR CHANGING THE DOSAGE OF MEDICATIONS YOU ARE CURRENTLY TAKING. Always carefully read the information provided with your medications. By accepting these Terms, you acknowledge that The HRT Club does not practice medicine, and all medical services are provided by third parties. At no time will The HRT Club, its parent company, subsidiaries, or related entities be liable to you for medical malpractice or other damages related to the provision of healthcare services.

The HRT Club grants you a limited, non-transferable license to access and use the Website. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including The HRT Club’s, text, page layout, or form) of The HRT Club or our affiliates without our prior express written consent.

The HRT Club accepts no liability for the accuracy or completeness or use of, nor any obligation
to update, the information contained on this Website. We make no guarantees regarding the availability of the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to The HRT Club. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof. Product information may be provided on this site and is intended for general information purposes only. Product information is not intended to provide complete medical information. Complete medical information about prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) should be obtained directly from a prescribing physician.

Acknowledgement of Annual Membership Fee

The HRT Club charges an annual membership fee (the “Annual Membership Fee”) for access to Services. The Annual Membership Fee may be modified by The HRT Club from time to time. By entering your payment information and submitting your information, you authorize us, our affiliates, or our third-party payment processors to charge the amount due and payable. If you receive a medical consultation, medical consult fees are not eligible for a refund.

The Annual Membership Fee is structured in two tiers. The Pharmacy Membership covers discounts to prescriptions at up to 90% of the product price. The Care Membership includes all the benefits of the Pharmacy Membership, plus all related medical consultations and follow-up visits, additional savings on products, and free shipping and handling on a quarterly basis.

You hereby authorize The HRT Club to charge the Annual Fee to your specified payment method at the time of initial payment as well as upon each renewal date thereafter, unless cancelled in accordance with the Terms herein. To avoid being charged the Annual Membership Fee, you must cancel in advance of the auto-renew date.

In the event that a Product or Service is erroneously listed at an incorrect price due to a system error in the pricing information received from a third party, we reserve the right to decline or cancel any orders placed for the Products and/or Service(s) listed at the inaccurate price. This right extends to orders whether or not they have been confirmed and regardless of whether your credit or debit card has been charged. In the event that your credit or debit card has already been charged for the purchase and your order is subsequently canceled, we will promptly initiate a credit to your credit or debit card account in the exact amount of the charge.

Free Trials and Other Discounts

The HRT Club may from time to time elect to offer a trial membership, coupons, or other discounts for a specified period of time. You understand and acknowledge that you may be required to provide your payment information at the time of enrollment for the trial period. At the end of the trial period, the membership will become a paid membership unless cancelled sooner. You hereby authorize The HRT Club to collect payment at the end of the trial period unless you cancel sooner.

Click-Through Agreements

Before using certain areas of the Website you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked, “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.

Restrictions on Your Use

All content within the Website and any materials made available on these pages for downloading, if any, are the property of The HRT Club and/or its affiliates or other third
parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.

Do not submit, post, or otherwise transmit via the Website information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content, or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy and Notice of Privacy Practices) from disclosure.

You agree that The HRT Club may send the following to you by email or by posting them on our Website: legal disclosures; these Terms; Privacy Policy and Notice of Privacy Practices; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that The HRT Club may contact you via email, phone, text, and/or mail regarding your membership or the Services. You consent to receive such communications electronically. You agree to update your contact information if there are any changes.

If you later decide that you do not want to receive certain future communications electronically, please send an email to info@thehrtclub.com. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from The HRT Club. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Intellectual Property Ownership

Any and all intellectual property rights associated with the Website, including, without limitation, design, texts, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents (“Intellectual Property”) are the sole property of The HRT Club or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the express written consent of The HRT Club or the express written consent of the appropriate third party, as applicable. Except as provided herein, The HRT Club does not grant to you any express or implied rights to The HRT Club or any third party’s Intellectual Property.

Privacy Policy and Notice of Privacy Practices

Any personal information or other information about you collected by The HRT Club through, or
in connection with, this Website is subject to our Privacy Policy and Notice of Privacy Practices. The HRT Club Privacy Policy and Notice of Privacy Practices is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, this Website is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy and Notice of Privacy Practices.

Links

This Website may provide or include links to other Websites or resources. While The HRT Club attempts to provide links only to third-party websites that comply with all applicable laws and regulations and The HRT Club’s standards, please understand that the content on these third- party websites is subject to change without notice to The HRT Club. Because we have no control over such sites and resources, you acknowledge and agree that The HRT Club is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT The HRT Club SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, SERVICES OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

The HRT Club prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact The HRT Club to discuss mutually agreeable terms for such hyperlink.

No Returns

We cannot accept returns of pharmaceutical medications. If there was an issue with your order, contact us at info@thehrtclub.com.

Geographic Restrictions

The owner of this Website is based in the State of New Jersey in the United States. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.

Exclusion of Warranty

Any use of the Website or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. The HRT Club disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Website.

THE HRT CLUB PROVIDES CONTENT ON THE WEBSITE AS A SERVICE TO YOU. THE WEBSITE CANNOT AND DOES NOT CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS AND MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE WEBSITE IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR OWN PHYSICIAN. THE HRT CLUB MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE HRT CLUB DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE HRT CLUB DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY ELECTRONIC COMMUNICATION SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE HRT CLUB MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. THE HRT CLUB DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE HRT CLUB DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY ELECTRONIC COMMUNICATION SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER THE HRT CLUB, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEBSITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEBSITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE; OR (4) THE INTERNET GENERALLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

Limitation of Liability

THE HRT CLUB ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL THE HRT CLUB BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN. THIS LIMITATION OF LIABILITY SHALL EXTEND TO ANY THIRD PARTY WEBSITES. THE HRT CLUB MAY LINK TO OTHER WEBSITES IN CONNECTION WITH THE SERVICES; HOWEVER, THE HRT CLUB DOES NOT CONTROL THE CONTENT THEREIN. THE HRT CLUB IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE CONTENT OF ANY THIRD PARTY LINKED WEBSITE.

Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in the state or federal courts located in New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.

Indemnity and Release

By using this Website, you agree to indemnify The HRT Club and its parents, subsidiaries, affiliates, and their respective officers, directors, managers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Website or any breach of this Agreement. By using the Website, you are hereby agreeing to release The HRT Club and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and The HRT Club with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The HRT Club with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Changes to the Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the update of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms. Except as expressly provided in a particular notice on this site, these Terms of Use constitute the entire agreement between you and The HRT Club with respect to the use of this site and the Content.

Your use of this Website is also subject to the Privacy Policy and Notice of Privacy Practices
www.thehrtclub.com/privacypolicy.